MSBA Criminal Law Section

Minnesota State Bar Association
Criminal Law Section Council Meeting
June 6, 2007

Members Present: Rebecca Rhoda Fisher, Julie Loftus Nelson, Virginia Cronin, Rich Ohlenberg, Nancy Norman, Dale Hanson and Kim Basting.

The Criminal Section MSBA Liaison, Renee Anderson, will no longer be with the Minnesota Bar Association. She will be working for Minnesota Defense Lawyers. Kim Basting will be taking Renee’s place and the transition will take place over the summer.

The video producer, Chris Yokum, has been paid $8k of the $10k as required by the contract. The remaining funds will be paid by the end of June, at the end of the fiscal year. The video is almost complete. There are a few final editing details, including the insertion of additional photographs and sound editing. Once the final copy is complete, the Council will receive 200 copies of the video. The first wave of distribution will be to all of the parties interviewed on the video. Additional distribution will be discussed over the summer and early meetings in September.

Law Day Release – Council members who participated in the Law Day 2007 release of the video reported their experiences. Many of the Council members, including Rebecca Fisher, Julie Nelson and Nancy Norman, reported their specific Law Day experiences in North Saint Paul and Coon Rapids. Students and faculty reported positively on the video, and many expressed an interest in receiving a final version.

Jason Kohlmeyer was not present, but Rebecca Fisher reported she received an outline from Jason and the issue will be continued until the September meeting.

Richard Ohlenberg reported that expungements, collateral consequences, and costs will hopefully be topics that reappear during next year’s legislative session. There will be a taskforce report coming out very soon (over the summer) – to view; check the Minnesota Supreme Court website.

The annual meeting is scheduled to be held in Saint Paul from June 27 – 29, 2007. In the past, the section has paid for half of the Assembly representative’s registration fees. Rebecca encouraged members to attend.

Rebecca stated she emailed Carolyn Schmidt inquiring about a MSBA booth at the Annual CJI. She stated it would be a great opportunity to share the meth video and potentially boost membership in the Criminal Law Section of the MSBA. Julie suggested it also may be a great venue to market the video to other attorneys or law enforcement agencies present at CJI. Rebecca will follow up with Carolyn throughout the summer.

A financial report was distributed to all members present at the council meeting. Rich stated the most recent statement indicated the Section has $10,600.00. Anticipated expenses over the summer include: Chris Yokum’s final payment of $2,000, mileage reimbursement for Julie and Rebecca’s travel associated with the video. Anticipated gains over the summer include: June and July MSBA Criminal Law Section dues.

Funding - Rebecca Fisher reported the Section will receive $3000 of the $4000 requested from the various sources (as reported from last month's meeting).

Law Day Release - Law Day is May 15, 2007. Rebecca reported she has a number of volunteers to cooperate with the video's launch on Law Day 2007. The video will be introduced in a variety of metro area high schools including Roseville, Woodbury, North Saint Paul, and Coon Rapids. Cynthia Vermillion will also be introducing the video in the Saint Cloud area. The video will be presented to the students within their health education classrooms. Law Day also provides a venue for promoting the profession of law. Rebecca has the school specific information for those who are planning to attend or would like to attend.

Video Development - Rebecca and Julie Loftus Nelson watched the video with the videographer, Chris Yokum. Rebecca and Julie reported the video will need one more edit, before the final copy will be ready. The Law Day showing/release of the video will allow for comments and suggestions from the student and professional viewings. These suggestions will be discussed and help to aid in the final edits of the video. Once the final version is complete, the video will be distributed to chemical health prevention professionals and school liaisons, with statewide school distribution in the fall. Eric Lipman suggested that if resources are available thru MSBA, a media advisory could be sent to local media outlets. He suggested this may be good for student awareness and marketing for the video. Additionally, Eric suggested broadcasting the video on the local community networks around the metro area. The community channel could be a good resource for broadcasting the video and reaching wider audiences. Eric will get the emails for the eastern suburbs and sent them to Rebecca for further pursuit. Eric also suggested the video could be converted into a Podcast. This may also be an additional way to give the video a "second life" and reach the target adolescent/teen audience.

Production Costs - Eric inquired about the financial status of the video. Rebecca reported the Section has not paid Chris Yokum the final $6000 owed. The check will be issued within the next few months. There will be an extra $4000 in the Section's account, given the award of $4000 to the Section from the MSBA. The video appears to be within the originally anticipated budget. The remaining costs of for the video include distribution and reimbursement for costs incurred by Section members during the production of the video. If distribution costs are more than anticipated, corporate sponsorship may be sought. The issue was discussed at previous meetings. A motion was made to provide reimbursement costs to Julie and Rebecca for mileage expenses incurred while conducting interviews for the video. There was no opposition to the motion. The motion was seconded by Rich. The motion unanimously passed.

Bill Bernard reported that he spoke with Jim Sherburne, who is involved in the Civil Law Certification/Specialist program. He also has spoken with Megan Harper on putting together a proposal to offer a criminal law certification/specialist program and is willing to meet with Bill to discuss the process. Jim will be a good resource for helping the Criminal Section address some of the key issues when developing a certification program, including start up costs, taskforce issues, and other miscellaneous issues. Bill will be emailing Carolyn Agin Schmidt, given her previous work on the project, and letting her know the development stage of the project. Eric proposed the certification be offered within a short/small window of time, averaging every five years. With a small window of time, there may be more of a demand and would help curtail costs, while keeping the interest strong and the program sustainable. Rebecca added that previous discussions of certification have ended because the program was not able to be self-sustaining. Bill will continue to look into the certification and report back to the Section.

(Jason Kohlmeyer was not present due to a previous commitment.) Rebecca reported that she spoke with Tim Groshans, and they discussed the continued efforts to develop the Criminal Law section of documents on Practice Law. Rebecca stated that once the Meth Video production has become more complete, more time may be spent working on the Practice Law document development.

Eric stated that many of the proposed bills, followed by the Criminal Section, are unlikely to pass into law this year. Some of the proposed bills were too complex to be addressed at this time, and given the time constraints, they were not addressed. Therefore, these bills may be reintroduced and addressed during next year's legislative session. If people seek more answers or want to help see these items passed, they need to contact their legislator and continue to "hang out" in Saint Paul.

Rebecca reported the upcoming CLE, entitled "CSI:Minnesota II," is scheduled for May 23, 2007. It will be held at the law firm of Dorsey and Whitney in downtown Minneapolis, from 2:00 - 5:00 p.m., with a happy hour to follow at the Lone Tree. Dorsey and Whitney is providing the use of one of their large conference rooms. Rebecca will be checking into the potential cost for the section. Eric made a motion for all Dorsey and Whitney attorneys to attend the CLE for "no cost." The motion was seconded by Nancy. There was no discussion. The motion passed unanimously. There are a number of speakers lined up to discuss the following topics: Gunshot residue, DNA evidence, and photo line-ups. Kim Basting will be sending out a notice to the members of the section as a reminder.

The annual meeting is scheduled to be held in Saint Paul from June 27 - 29, 2007. In the past, the section has paid for half of the Assembly representative's registration fees. There was a motion made by Nancy for the section to pay for half of Rebecca Fisher's and Pete Orput's registration fees. The motion was seconded by Rich. There was no discussion. The motion passed unanimously.

Rebecca reported that in previous years, the section has co-chaired a CLE. This year, given the upcoming CLE, one has not been planned. Nancy suggested it may be a good opportunity to set up marketing for the section and the Meth Video. She suggested it may be available for general purchase. Rebecca stated that there is typically a booth set up at the Criminal Justice Institute in August. Rebecca also reported that she received a somewhat confusing letter from MSBA Paralegals section, addressing the issue of presenting at CJI. Rebecca will look further into the correspondence, and find out exactly what is being suggested or proposed to the section.

Rebecca stated there will be a quick meeting on June 6, 2007. Rebecca will email Rob Fowler to see if he is interested in resuming his Council position, as discussed during previous meetings. Rebecca will be sending out an email, asking about a potential change of meeting times and venues. A rotating meeting schedule was discussed previously. Rebecca stated the goal of planning the meeting or working out a schedule is to retain the membership.

Assembly representatives - In previous years, the Assembly representatives have been the previous chair from the year before and the current Council chair. The Assembly meets four times a year, and acts as the governing body for the MSBA. The vice chair has acted as the alternate, if either assembly representative could not attend. A motion was made by Nancy to continue the previously developed system of designating Assembly representatives. The motion was seconded by Rich. There was no discussion. The motion passed unanimously.

Rebecca stated the nominations are due to Joni Fenner and available on the MSBA website. The award is based on demonstrated professionalism within the practice of law.

Rebecca reported that the Supreme Court is having a hearing on May 15, 2007 on the use of interactive televisions.

Rebecca reported she received a number of materials from the ABA including: Disaster Preparedness, The State of Criminal Justice, and Policy Updates. If anyone would like to review the ABA materials, please contact Rebecca.

A financial report was distributed to all members present at the council meeting. Rich stated the report was thru March 31, 2007.

Minnesota State Bar Association
Criminal Law Section Council Meeting
April 4, 2007

Members Present: Rebecca Rhoda Fisher, Julie Loftus Nelson, Virginia Cronin, Rich Ohlenberg (via telephone), Steve Lundeen, Peter Orput and (Section Liaison) Renee Anderson.

Minutes approved from the March meeting, subject to minor changes to the New Business section.

Funding - Rebecca Fisher reported the Section will receive $1000 of the total $3000 requested of the Bar Foundation. She will be calling or sending a follow-up letter. The Minnesota Operations Committee approved $3000 for the Section's Meth Video Project at their meeting on March 29, 2007. The Operations Committee's decision will go before the General Council in April's meeting for approval. Therefore, of the $6000 originally requested, the Section will receive $4000. The remaining $2000 will come from the Section's budget.

Continuing video production - Rebecca reported the majority of the interviews have been completed for the video's production. A couple remaining interviews will be completed over the next couple of weeks. There was discussion regarding the interviewing of a local coroner, including the Anoka County coroner or the Hennepin County Coroner. Julie Loftus Nelson volunteered to help conduct the remaining interviews, including the coroner interviews.

Distribution - Rebecca reported her hope for the video distribution on May 1, 2007 for teachers and students to review. Later in the spring and summer, there will be further distribution through the Department of Education.

Rebecca stated she has a copy of the Minnesota County Attorney's Meth Video, and it is available for anyone who would like to view it. If interested, contact Rebecca.

Rebecca reported she has heard from 12 people willing to volunteer for Law Day. She
is looking for more volunteers, including lawyers and bar members within the Saint Cloud area. Renee Anderson will be sending a follow up email to the membership within the Saint Cloud area.

(Bill Bernard and Carolyn Agin Schmidt were not present.) No additional information was reported.

(Jason Kohlmeyer was not present.) Rebecca reported she will follow up on the pending status of the Practice Law Document project.

Rich Ohlenberg reported the Expungement Bill has been referred to the finance committee. It appears to be languishing because of funding. Rebecca asked if Section members should be going to the financial meetings and testifying. Rich reported it is going to be difficult to know when the bill is going to be heard. Rich will be following up with Eric Lipman, to aid in deciphering when/how to determine when the bill will be heard by the committee. Additionally, it was noted that if the bill does not progress through the committee this year, the Section will continued to work towards next year's legislative session hearing of the bill.

Steve Lundeen reported he was unable to attend the last meeting of the Advisory Board, and the Section designated back-up, Pete Orput, was also unavailable to attend. Therefore, Jason Kohlmeyer attended the meeting. The meeting included a tour of the Bureau of Criminal Apprehension facility. The next meeting of the Advisory Board will be scheduled within the next week, at the time of this meeting, the specific date was unknown.

Rebecca reported the upcoming CLE entitled "CSI:Minnesota II" is scheduled for May 23, 2007. Rebecca reported the following speakers have been confirmed their attendance: Michelle Davis (Gunshot Residue) and Christine Funk (DNA). There was discussion regarding other speakers who could provide more information on gunshot residue. Pete provided information regarding an expert he uses from Texas. Rebecca will be speaking with Nancy Norman about other potential experts she uses, as a prosecutor in Anoka County. Pete reported he spoke with Steve Redding about DNA evidence. Rebecca will be following up with Steve. Rebecca and Pete spoke about local DNA experts and speakers on DNA collection from local law enforcement agencies. Pete suggested a local Hennepin County law enforcement agent, and Rebecca will be following up with her. Pete also suggested Al Harris or a local professor with Hamline University. Harris has taught cops and prosecutors on identification procedures. He may be a good speaker for the CLE. The Hamline professor has done research on photographic line ups, and may also be a good speaker for the CLE. Pete will follow up with Al Harris, and speak with Rebecca about his results.

There was discussion about opening the CLE up to law enforcement agencies and applying for post-credits. Pete stated that it's hard for police to break away from their day for the limited session, and explained the typical format of post-credits for law enforcement agencies.

Rebecca stated that in anticipation of the next meeting, the Council should plan on firming up the CLE speakers. She will be working with Renee to send a "Save the Date" email for Section members.

Rebecca reported the Mexican Consulate has a number of cases, declined by the Innocence Project, available for attorneys to take on a pro bono basis. Any interested attorneys should contact Rebecca and she will provide the contact information.

Minnesota State Bar Association
Criminal Law Section Council Meeting
March 7, 2007

Members Present: Rebecca Rhoda Fisher, Julie Loftus Nelson, Richard Ohlenberg, Nancy Norman, Steve Lundeen, Jason Kohlmeyer. Dale Hanson and Bill Bernard appeared by phone.

A. Introductions and Call to Order:
The meeting was called to order at 4:47 p.m.

B. Approval of Minutes from February 2007:
There were no changes to the February minutes.

D. Deadline and Special Dates Reminder:
April 6th: Criminal Law Council Meeting at Marquette Hotel at 1:00 p.m.
April 6th: CLE: Birth of a Salesman at Marquette Hotel, 2:00 - 5:00;
Happy hour to follow

A. Meth Video:
Rebecca went over the financing of the video. She has filed a request for funding in the amount of $3,000 with the Minnesota Foundation. She will also be filing a request with the MSBA Operations Committee for $3,000. That request is due on ore before March 19th. Rebecca noted that the Criminal Law Section currently has approximately $14,000 in funds. Therefore, if we get turned down for funding by the Foundation and Operations Committee, she is comfortable with the Section paying the remaining balance due, which will not exceed $6,000, for the production of the video. The Section typically receives $5,000 to $6,000 in dues in June. So, the expenditure of funds would be quickly replenished.

Interviews are still being set-up. Rebecca is hopeful that the interviews will be finished by the end of the month. Editing will take place in April and the video should be ready to show at the schools on Law Day, scheduled for May 1st. Ideally, we will have Section members available during and after the showing of the video to answer questions. Accordingly, everyone should try to keep that day open.

Nancy Norman will contact the Anoka County Coroner to get brain scans. Rebecca is contacting the parents of the kids interviewed to set-up interviews with them. Julie Nelson is setting up interviews with prosecutors in Stearns, Crow Wing and Brown County. She is also setting up interviews with Judge Mottl in Wright County, Judge Rodenberg in Brown and Judges Howard and Sommerville in Hennepin.

C. Practicelaw.org:
The MSBA may be providing staff assistance to help with this project. It would be helpful if members would pick-up forms (e.g. plea petitions) when appearing in the various counties. These forms could then be put online.

D. Legislative Updated
The Legislative Reception held last week was a success. Turnout was good. Rebecca reviewed the speakers and their topics.

General discussion of Expungement bill (S.F. No 294). It has been passed by the Senate. There is a concern that there may be resistance in the House. Steve Lundeen moved that the Section support the Expungement bill. Rich Ohlenberg seconded. The motion passed unanimously. The latest version of the bill is attached to the minutes to show exactly what the Section has elected to support.

A. Pro bono Attorneys Needed:
Rebecca Fisher received email from Carole Palmer who is working with Ricardo Hernandez, Deputy Consul of Protection and Legal Affairs at the Mexican Consulate in St. Paul. They are in need of attorneys who will provide pro bono services to cases that they believe have "compelling merit." All cases are carefully screened.

B. Section Dues
Dues are currently $15. If we want to change them, we need to notify the Assembly. Rebecca believes that the dues are appropriate where they are. Rich Ohlenberg moved that the dues remain unchanged. Nancy seconded. Motion passed.

C. Barry Greller Award
If anyone knows of a public defender that they would like to nominate for this award, the deadline is March 12, 2007.

A. May CLE: CSI Minnesota II
The date of the My CLE is set for Tuesday May 22, 2007 from 2:00 to 5:00 p.m. with a happy hour to follow. Location to be announced.

Nancy Norman will look in to speakers for gunshot wound residue. Rebecca Fisher will talk to Virginia Cronin about speakers for the photo lineup segment. Julie Nelson will contact Christine Funk about speaking on DNA.

All three topics will address collection of the evidence, how it is preserved, how the evidence is used by the prosecution, and what the defenses are.

Minutes from the 2006-07 fiscal year will be posted here.

Minnesota State Bar Association
Criminal Law Section Council Meeting
February 8, 2007

Members Present: Rebecca Rhoda Fisher, Virginia Cronin, Rich Ohlenberg, Steve Lundeen, Bill Bernard (via telephone), Eric Lipman (via telephone), and Dale Hanson (via telephone).

Steve Lundeen will be added to the attendance section of the January 2007 minutes. Minutes approved with correction.

Rebecca Fisher reported on the progress of the video's production. Rebecca stated all of the interviews with the teenagers are completed. Rebecca and Julie Nelson will be continuing to work on the remaining interviews.

At this time, the distribution costs for the video are unknown. Rebecca discussed the variety of funding sources, addressed at prior meetings (Minnesota Bar Foundation, other section requests, Criminal Section request, Minnesota Bar Association Assembly). Julie spoke with the Minnesota Department of Education to inquire as to their willingness to help with distribution of the completed videos. Currently, Julie has not received a response. Rebecca offered the idea of distributing the videos thru the school districts, instead of the Department of Education. She will be following up with local school districts. Rebecca indicated her goal for the funding would be to receive a total of $6,000 from outside sources. If necessary, the Criminal Section could cover the remaining costs for distribution and not deplete section funds. Eric commented about costs of reproducing the video and its format. He suggested a downloadable format for schools via email, or distributing the video to local access channels to be broadcast on television. These methods could help cut down on distribution costs. Rebecca stated that it should be in DVD form, but would check with Chris Yokum to confirm. The motion was made to ask the Minnesota Bar Association Foundation and Minnesota Bar Association Assembly for $3000 a piece. The motion was made by Virginia Cronin. It was seconded by Richard Ohlenberg. There was no discussion. The motion was unanimously passed.

Bill Bernard reported on the recent task force report on attorney certification. Bill stated the report discussed why the public benefits from attorney certification, but is also not cost effective for attorneys. Bill briefed the Council on the findings of the taskforce, including the assessment that resources for the certification will not be available past 2008-2009. More information on the task force report can be found on the Supreme Court's website.

Rich reported there are five bills pending that may be of interest to Criminal Section members. Two of the five bills are applicable to expungement. Rich provided the Council with copies of the proposed bills (S.F. No. 279 and 294). Rich provided a summary of both proposed bills.
The two of the remaining bills address issues of qualification and funding of the Public Defender's Office (S.F. No. 300, 301). The final proposed bill (S.F. No. 302) addresses the authorization of phlebotomist use in particular criminal matters.

Steve Lundeen reported the first meeting was held last Monday at the Bureau of Criminal apprehension. The Advisory Board's first report was due on January 15, 2007. The Board is discussing the issue of regulation and who/what they are to be regulating. The next meeting will be on March 26, 2007. Steve reported he is unable to make the next meeting and will be calling Pete Orput to attend. If Pete cannot attend, Steve will put a notice on the listserv.

Rebecca reported that Mock Trial judges are still in need for the statewide high school mock trial competitions. There are times available in February and March. The year's featured case is a criminal matter. Anyone interested in volunteering should contact Emily Reilly, MSBA Mock Trial Manager at (612) 278-6306 or ereilly@mnbar.org.

An updated version of "CSI: Minnesota" is tentatively scheduled for the beginning of May. Rebecca will review the previous "CSI: Minnesota" and is open to any suggestions as to topics/speakers. The Council briefly brainstormed topics. Rebecca asked the Council to think about the upcoming CLE and email her with any ideas.

Rebecca suggested the tentative CLE at the Annual meeting could be another joint CLE with another section. Rebecca also encouraged the Council to attend the Annual meeting.

The Legislative CLE is scheduled to be held on February 28, 2007. Rebecca thanked Eric Lipman for all his hard work. Rebecca encouraged everyone to pass on the CLE notices to attorneys in court and via email.

A reporter from the Minnesota Lawyer contacted Rebecca about the specialized DWI court. Virginia offered to speak with the DWI attorney in her office and see if he would be willing to speak with the reporter.

Rich reported that no money was spent by the Section last month. The total balance is $14,490.00. Rebecca commented about potential upcoming costs, such as if the "CSI: Minnesota" is held at the IDS building with a happy hour to follow at Mission. Other than the CLE, no other major costs are anticipated for the rest of the year.

Minnesota State Bar Association
Criminal Law Section Council Meeting
January 3, 2007

Members Present: Julie Loftus Nelson, Rebecca Rhoda Fisher, Virginia Cronin, Rich Ohlenberg, Bill Bernard (via telephone), Eric Lipman (via telephone), Jason Eldridge, Ronan Blaschko, Dale Hansen, Pete Orput.

A. The discussion of the December 2006 minutes was tabled until February 2007 meeting.

Rebecca Fisher and Julie Loftus Nelson reported they have a number of interviewees lined up for the video. They have been coordinating with a variety of sources, including Judy Hanson with "Sobriety House" in Edina. Their efforts will continue, with Julie contacting some remaining interviewees (outstate and metro prosecutors, Department of Education). They have also been in contact with a dentist (via Jason Kohlmeyer) willing to participate and provide information on some of the dental health risks of meth. Pete Orput inquired as to continued involvement of the Ramsey County Attorney's Office. Rebecca stated she would be following up with the County Attorney, and previously spoke with the Office. Pete also stated he would be communicating with his contacts at the Department of Corrections to follow up with their previous expressions of interest in the project.

Sources of video funding continue to be explored. Rebecca and Julie reported that by the end of January 2007, they should have a firm estimate on how large the request for funds will be and how much the Section will be requesting from the Minnesota Bar Fund and the Minnesota State Bar Association. They hope to get the request calendared for the April Assembly meeting of the MSBA. Rebecca also stated she would like to approach the Bar Foundation as a funding source.
Further financial concerns were brought to the Council's attention by Rich Ohlenberg (treasurer). He inquired as to the final cost of the whole project, including distribution, as well as the contract status with video producer, Chris Yokum. Julie reported there is not a contract in place, but one is being drafted and should be in place by later this week. Rebecca stated she will send out an email at the end of the month, addressing specific funding issues of the video.

Bill Bernard reported on his discussion with Lisa Penney. He is awaiting a return phone call from the communications specialist, and will be sending an email out with more information about his findings. Rich reported on an article he read regarding the certification. He reported the article stated the general public really likes the certifications, but the certification programs are extremely expensive to fund. Bill stated the interest in paying for the certification may be increased if there were a way to advertise to potential clients such certification.

Rich reported the current legislative session began on January 3, 2007. An area of interest for the Section is expungement law and he will be staying in touch with Eric about any proposed changes in the expungement law. Eric informed the Council on a variety of different websites and email subscriptions can provide updates on the current legislative session.

Jason Kohlmeyer was not present to report. Renee reported the staff vacancy at MSBA (support staff for Practice Law.com) has not been filled.

Steve Lundeen reported he received an email from the Bureau of Criminal Apprehension and the meeting is being scheduled for late January or early February 2007. Pete Orput was nominated as an alternate board member to attend meetings if Steve is unavailable. The motion was seconded by Rebecca, and the motion was successfully passed.

Julie reported she will be reviewing the proposed rules and drafting comments. Any other comments from Council/Sections members are due by February 7, 2007.

Rebecca reported that Mock Trial judges are needed for the statewide high school mock trial competitions. There are times available in January, February, and March. The year's featured case is a criminal matter. Anyone interested in volunteering should contact Emily Reilly, MSBA Mock Trial Manager at (612) 278-6306 or ereilly@mnbar.org.

Rebecca reported the Annual Law School Networking Event is going to be held on Thursday, February 8, 2007 at Minnesota CLE offices in downtown Minneapolis, with a reception to follow. The event will feature a national networking expert with emphasis on small firm job searches. The reception is scheduled to begin at 5:45 p.m. Rebecca urged all Council members to attend; given it would be a good opportunity for law students to interact with Criminal Bar members/practitioners.

Rebecca reported the nominations for the David Graven Public Service Award are due by February 16, 2007. The award is presented to an attorney who has been committed to public service.

Rebecca reported she received inquiries from Emory University regarding the development and production of the meth video.

The Council generally agreed the April/May CLE will be an updated version of "CSI: Minnesota."

The Legislative CLE scheduled to be held during February 2007 will be held at The Lexington in Saint Paul, MN. The tentative date for the program is February 28, 2007. Previously suggested ideas for the CLE include: 1. Outcomes of the Challenge Incarceration Program, 2. Sex Offender Management Report, 3. Collateral Consequences.

Eric Lipman suggested featuring all three topics at the CLE, allowing for short talks on each topic, with one to two legislators for each topic. Eric will be coordinating with available legislators for their potential participation.

Rich distributed detailed financial reports to the Council for review. He reported the major expense incurred by the Council was the down payment on for production of the methamphetamine video. Currently, the Section's cash balance is $14,361.50.

Minnesota State Bar Association
Criminal Law Section Council Meeting
December 6, 2006

Members Present: Jason Kohlmeyer, Julie Loftus Nelson, Rebecca Rhoda Fisher, Virginia Cronin, Rich Ohlenberg, Nancy Norman, Bill Bernard (via telephone), Brianne Sandstrom, Eric Lipman (via telephone), Jason Eldridge, Ronan Blaschko.

The Council extended congratulations to member, Bill Bernard, on the birth of his son.

The progress on the methamphetamine video is continuing. Currently, Rebecca Fisher and Julie Loftus Nelson reported they spoke with four teens willing to appear on the video (two boys, two girls). They are working on getting releases from the teens and their families for their appearances. Rebecca and Julie reported that producer, Chris Yokum, received the first payment of $4000. He will begin interviewing shortly. He plans to interview the teens, and then parents, followed by the list of professionals (judge, prosecutor, defense attorney, drug taskforce, drug treatment professionals) provided by the Meth Sub-Committee.

Rebecca and Julie reported the video will come together as a series of talking points, featuring the variety of speakers. At the present time, the Sub-Committee is still looking for additional parents, a medical doctor, and a representative from the Minnesota Drug taskforce to be featured on the video. Nancy Norman stated she would be speaking with her husband, who is a member of the taskforce, to aid in the search. Jason Kohlmeyer stated he knows a dentist, who may be able to be featured in the video or at least provided photographs of the effects of methamphetamine on patient's teeth and mouth.

Nancy Norman suggested enlisting the assistance of the Department of Corrections, and featuring a commissioner or warden who would speak on the failures associated with methamphetamine. Rebecca stated she would contact Peter Orput regarding Nancy's suggestion.

Rebecca and Julie reported the Meth Sub-Committee has finished the outline for the video.

Rebecca and Julie reported the Council needs to discuss the $10,000 estimated total cost of the video's production. The project is still in need of $6000 for completion. There was previous discussion of approaching other Sections for financial assistance. Renee Anderson, section liaison, stated that idea may not be the most effective or successful way of getting funds for the project. Rebecca, Julie and Renee suggested asking Criminal Bar Section members for donations. Julie suggested that with a donation, their name or firm name is added to a list attached to the video. Nancy stated she would approach the Drug Taskforce for funding. She stated the Drug Taskforce may have funds available for donation to this type of project. Julie stated that many of the public agencies willing to lend their support to the video are unable to contribute financially, due to budget constraints. Nancy made a motion for additional funds for the meth video. The motion was seconded by Julie. The discussion was presented to the Council. The discussion included the following comments:

Rich asked the Council if they are alright with giving up "control" of the project by seeking outside financial assistance. Further discussion on levels of donation followed. Julie suggested developing a brochure for kids to give to parents, to be handed out with the videos distribution. Nancy suggested a one page handout, including all the sponsor's names and information. Rebecca suggested that in order to be featured as a sponsor, one must donate at least $100. Ronan suggested different levels of sponsorship, including "silver" and "gold" levels. Jason suggested a $1000 or more "platinum" sponsorship. Julie stated that she would be willing to draft a letter, not to be sent out until January, asking for donations.

Rebecca stated that she would speak with Chris Yokum about distribution costs and will look into brochure development and production costs. The vote on the motion will wait until January.

Julie stated the Sub-Committee is in search of someone to review a contract and release of information form to be used in connection with the video. Ronan Blaschko offered his assistance and Rebecca suggested looking for further information on Westlaw.

The next CLE is scheduled for December 14, 2006 from 12:00 to 1:30 p.m. - Immigration and Criminal Defense Strategies: How to Keep Your Clients from Being Deported (What Every Immigration Attorney Needs to Know About Criminal Law and "Visa" Versa). The CLE is being held with the Immigration Section. Rebecca stated online registration is available and she will be sending out another notice prior to the date.

D. Criminal Specialist/Certification Update

Bill reported that he is waiting on the upcoming taskforce report on specialist/certification. He is also planning on discussing with other sections what is an appropriate amount of money to charge for the certification. Renee stated there is a hold up in the process due to the taskforce and its dealing with issues of certification. She stated that the report is very close to coming out. Bill will be keeping in touch with Renee and will be making a phone call to the Supreme Court to see when the report can be expected. Renee also stated that at the current time, there the MSBA has no staff time devoted to certification. Sections with certifications have to be self-sustained, including the support of MSBA staff.

Steve Lundeen was not present. Rebecca reported the board plans to begin meeting after the first of the year.

Rebecca reported there was no update at this time, but that comments are due on February 7, 2007.

Rebecca reported the Council received a letter asking the Section for $5,000. Earlier in the year, the Council received a similar letter, requesting $2,000. There was no further discussion on the request.

Rebecca stated the next CLE should be held at the end of February or early March, and is tentatively planned to be the Legislative Reception (similar to last year's event).

Taskforce report and Legislative CLE - Eric Lipman suggested that the Council should be looking towards three big reports that are due out in February 2006. The reports are on a variety of topics, including an evaluation of the outcome of the Minnesota Department of Corrections Challenge incarceration program, collateral consequences (Revisor developing a list within 609B), sex offender supervision. Eric suggested the Council consider focusing on these reports for the proposed legislative CLE to be held in early 2006. Eric suggested having two or three speakers, along with two to four legislators. He suggested an hour of content, coupled with the planned social time at the Lexington in Saint Paul.

Rebecca Fisher stated the Council would definitely be interested in Eric's proposal, but noted that there may be "too much" to fit into the evening program at the Lexington. She suggested keeping it informative and causal. She suggested that the topic be further discussed after the first of the year and planning of specific dates may commence.

Eric stated the ideal time for the CLE may be post-Valentine's Day, given the scheduling of the legislature. A post-Valentine's Day schedule may be more conducive of legislator attendance as compared to last year's event.

Rebecca stated she would get Eric's email address and pass it on to anyone interested in further information on the upcoming reports. As reported, Eric's blog contains a variety of links to the collateral consequences, sanctions, and legislative information.

There was discussion regarding the Main Revisor's link. Eric stated that the Main Revisor's link was $11.00 and may be of great interest to the Criminal Bar. Eric will be sending the link to Rebecca. Richard Ohlenberg, legislative coordinator, expressed interest in Eric's email address.

Rebecca stated that she would like the Council to consider holding another "CSI: Minnesota" CLE, to be held in April/May or at the Annual Meeting. Rebecca suggested the Section begin thinking about topics to be included at CSI: Minnesota. Offered suggestions included: computer forensics, coroner, document analysis, evidence analysis, judge evaluation of evidence. Rebecca stated the Council will further discuss after the first of the year.

Jason Kohlmeyer asked the Council to suggest a lawyer for the Top 20 lawyers of the year. He is on the deciding committee and nominations are needed by the last Friday in December. Anyone interested or interested in nominating someone should email Jason by the deadline.

Rebecca Fisher and Julie Loftus Nelson met with Chris Yokum (producer). They detailed Chris Yokum's previous experience, including his work on a shaken baby project and DWI video with the Minnesota County Attorney's Association. Additionally, he is willing to travel for video production and his costs for producing the video were a lot lower than other producers available.

Rebecca will contact treatment facilities geared towards teenagers and hopes to speak with teenagers involved in the program, along with their parents as potential interviewees for the video.

Continued participation is needed for the Meth Sub-Committee. Julie will be sending out a mass email regarding the sub-committee.

Rebecca and Julie reported the cost of production for the Methamphetamine video is estimated at $8,000 to $10,000. At this time, Chris Yokum needs an initial $4,000 to begin production. Rebecca suggested approaching the General Assembly for funds, given their previous interest in the project. There was further discussion regarding funding options if the General Assembly does not contribute funds for the project, such as approaching other MSBA Sections for funding. Julie will be typing up an email and sending out to other sections asking for contributions. The General Assembly meets on a quarterly basis, and Rebecca is hoping to address the issue at the January meeting. She will continue to coordinate with Renee for further scheduling and planning. Additional sources of funding were suggested, such as local businesses.

Julie moved to approve $4,000 to be given to begin video production. The motion was seconded by Paul Baertschi. All members present approved the motion with no opposition. The motion was passed.

Rebecca reported that the MS Society received the $250 donation from the Section.

Rebecca and Julie reported on their attendance of the MSBA outreach program in Detroit Lakes, MN on October 27, 2006. Rebecca Fisher thanked Paul Baertschi and Rich Ohlenberg for the Power Point presentation. They reported the event was very successful and a number of attorneys in the Detroit Lakes area signed up four new memberships.

D. CLE - "Basic Training for Criminal Attorneys: Useful Courtroom Tips No One Bothered to Tell You."

CLE is scheduled for today from 2 - 5 p.m, to be held directly following the meeting. A happy hour at Lone Tree will follow.

The scheduled speakers for the CLE include:
Richard Ohlenberg, Paul Baertschi - Courtroom
The Honorable Kathryn Quaintance (Hennepin County) - Evidence
Professor Steven Simon (University of Minnesota) - Ethics

E. Upcoming CLE - "Immigration and Criminal Defense Strategies: How to Keep Your Clients from Being Deported (What Every Immigration Attorney Needs to Know About Criminal Law and "Visa" Versa) - December 14, 2006 CLE

The Immigration Section of the Minnesota Bar Association has planned a CLE for December 14, 2006 from 12:00 to 1:30 pm. The CLE is scheduled to be held at the Minnesota Bar Association offices in downtown Minneapolis. Rebecca reported that the CLE has already been planned by the Immigration Section and co-sponsored by the Criminal Section. With co-sponsoring the event, both sections will share in revenues and losses of the CLE, as well as parking expense for the CLE speakers. An email will be sent out confirming the date and time.

F. Criminal Specialist/Certification Update

Rebecca reported back that no one from the New Lawyers Section is interested in spearheading the collection of PracticeLaw.com documents (forms). She is still looking for anyone interested in leading/managing the project. If interested, please contact Rebecca. (Practice Law.com is resource that Minnesota Bar members can use to gain access to legal forms. The Criminal Section would like to gather criminal forms, mostly state level forms, to be posted on Practice Law.)

Rich reported that he had spoken with the lobbyist for MSBA and stated that not too much happens until February. The lobbyist indicated to Rich that he would be willing to help direct him in his role as legislative coordinator for the section. Rich stated that he indicated to the lobbyist that the section would be interested in any expungement legislation. Rebecca stated that Rich may want to reach out to Patricia Dolan, given her interest in research.

Steve Lundeen, who had been selected as the representative for the Department of Public Safety twelve member advisory board to examine its forensic laboratories, was introduced to the Council.

Rebecca reported that the Section received a letter regarding potential changes to the Federal Rules of Practice and Procedure. The proposed changes are available for view on the Federal Rules website; Renee also has a hard copy available for review. Any comments need to be submitted in writing by February 2, 2007. Julie will be taking the hard copy for review. Renee also stated that copies were sent to the Appellate Section for their review.

The next CLE is scheduled for December 14, 2006. Future CLEs are tentatively set for February 2007 (Legislative Reception at the Lexington in Saint Paul), March/April 2007 and summer 2007 at the Annual Meeting of the MSBA. Rebecca reported that Eric Lipman showed up at the end of the meeting held in October, and they discussed the tentative February CLE. Eric suggested that the topic for the CLE with the legislators should be focused around the new predatory offender legislation. With the February 15, 2007 release of the taskforce report from the BCA, Eric felt that it would be a very relevant issue to address with the legislators.

Rebecca suggested the March/April 2007 CLE be an updated version of CSI:Minnesota. Any additional ideas for the March/April 2007 CLE should be submitted to Rebecca.

The Council will continue to discuss future CLEs and CLE topics at upcoming meetings.

Minnesota State Bar Association
Criminal Law Section Council Meeting
October 4, 2006

Members Present: Rebecca Rhoda Fisher, Virginia Cronin, Rich Ohlenberg, Jason Eldridge, Paul Baertschi, Bruce Rivers, Patrick Flanagan, and via telephone: Nancy Norman and Bill Bernard

Rebecca Fisher reviewed her attendance of a methamphetamine program at Woodbury High School on October 3, 2006. Rebecca reported that in addition to attending the program, featuring a speaker from Hazelden, she was able to meet with school officials from Woodbury High School. They were able to speak about treatment placements that are available to teens and young adults in their early 20's. Rebecca got their contact information for potential participation with the video project.

Rebecca will be following up on information she received regarding the methamphetamine treatment centers, and obtaining additional information.
Rebecca will also be meeting with Chris Yokum (producer) next Friday, October 13, 2006 at 10:00 a.m. The location of the meeting will be Julie Nelson's office (5500 Wayzata Blvd.) All council members are invited to attend.

Rebecca stated that with the outline for the methamphetamine video complete, it is progressing into implementation, such as pooling the resources that were previously offered to the section (interviewees, statistical information, and coordination of services available for the video).

MSBA outreach program in Detroit Lakes, MN is scheduled for October 27, 2006. The program is scheduled from 8:00 a.m. to 2:00 p.m. The scheduled speakers for the program include:
Rebecca Rhoda Fisher (metro defense attorney)
Nancy Norman (Assistant Anoka County Attorney)
Steven Beitelspacher (Detroit Lakes defense attorney and part-time Public Defender)
Gretchen D. Tilmony (Assistant Becker County Attorney)
Nancy Norman may be in trial at the time of the scheduled presentation, therefore Rich Ohlenberg has volunteered to take her place, if she is unavailable. The presentation will be a shortened version of the upcoming Criminal Law Section CLE - "Basic Training for Criminal Attorneys: Useful Courtroom Tips No One Bothered to Tell You." The inclusion of Steven Beitelspacher and Gretchen Tilmony will provide a local prospective to the program. The Criminal Section is not very active in the Detroit Lakes area, and hopefully the inclusion of local speakers and presentation in the area will increase participation.

The Twin Cities speakers will be traveling to the Detroit Lakes area on the evening of October 26, 2006 (Thursday).

D. CLE - "Basic Training for Criminal Attorneys: Useful Courtroom Tips No One Bothered to Tell You."

The upcoming CLE is scheduled for November 1, 2006 from 2 - 5 p.m. The CLE is scheduled to be held at the Minnesota Bar Association offices in downtown Minneapolis. A happy hour is to follow the program. Rebecca requested that council members "spread the word" about the CLE to other criminal law attorneys. Rebecca made the suggestion that council members make copies of the CLE handout, bring them to court, and hand them out. There was also a suggestion of distribution of the CLE notice by MACDL (Minnesota Association of Criminal Defense Lawyers) and the MCAA (Minnesota County Attorney Association.)

The scheduled speakers for the CLE include:
Richard Ohlenberg, Paul Baertschi and Nancy Norman(if available) - Courtroom
The Honorable Kathryn Quaintance (Hennepin County) - Evidence
Professor Steven Simon (University of Minnesota) - Ethics

Rich and Paul have been working on an outline for their topic. Judge Kathryn Quaintance will be answering evidence questions. Questions may be submitted in email form, in response to the email notice for the Nov.1 CLE. Professor Simon will be offering hypothetical ethics situations to the group and working thru them.

The happy hour tentatively scheduled to follow the CLE needs to be decided upon. Various suggestions for the location of the happy hour were offered, including Lyon's Pub, Mission, and Lone Tree. Council members were concerned about the geographical distance between where the CLE is held and the happy hour. It was suggested that if the CLE is being held as scheduled at the Minnesota Bar Association offices, Lyon's Pub would be a geographically close place to hold the happy hour. Whereas, if the CLE is held at the IDS building, the happy hour should be held at Mission. Bruce Rivers offered to look into the two locations and inquiring into the availability and pricing. He will be contacting Rebecca with his findings. Rebecca stated that the cost for previous CLE happy hours was been between $400 - 600. The location of the happy hour will be determined prior to the Nov.1 CLE and an email will be sent out notifying council members.

E. December 14, 2006 CLE - "Immigration and Criminal Defense Strategies: How to Keep Your Clients from Being Deported (What Every Immigration Attorney Needs to Know About Criminal Law and "Visa" Versa)

The issue of space was raised by the council, given the limited amount of space at the MSBA offices. Rebecca stated that she would be contacting the immigration section to discuss the potential space dilemma.

Rebecca reported that Carolyn Schmidt had been working on the Criminal Specialist/Certification and has been advised by Tim Gros that before any certification process can begin, a proposal must be submitted to the assembly for approval. Additionally, the Minnesota Supreme Court taskforce on certification is coming out with a report regarding the process. Rebecca will be contacting Megan Harper with MSBA to get a copy of the taskforce report and see what it suggests, and proceed accordingly. At the end of the meeting, Bill Bernard expressed interest following up on this issue. He will be contacting Megan Harper with MSBA for further information.

Practice Law.com is resource that Minnesota Bar members can use to gain access to legal forms. The Criminal Section would like to gather criminal forms, mostly state level forms, to be posted on Practice Law. Rebecca asked for any volunteers to be in charge of collecting the forms and sorting the documents. Pete Orput previously expressed an interest in spearheading the collection. Rebecca will also be checking with the New Lawyers Section and their interest in the project.

Rebecca reported that Rich Ohlenberg and Patricia Dolan have both expressed interest in becoming the legislative coordinator for the section. Rebecca also stated that Ms. Dolan is very research oriented. The motion was made in favor of Ms. Dolan. The motion was seconded. The motion passed completely, with no discussion. All council members present were in agreement.

The Department of Public Safety is forming a twelve member advisory board to examine its forensic laboratories. The board is going to be comprised of members from the BCA, DPS, Forensic Science, the University of Minnesota, State Public Defender, Prosecutor, Sheriff, Judge and Criminal defense attorney selected by the MSBA. Rebecca reported that both Steve Lundeen and Ronan Blaschko have expressed interest in this position at the last meeting. Since the last meeting, Rebecca had emailed Patrick Kelly. The decision had been made to select Steve Lundeen as the representative.

Rebecca suggested that the third CLE be scheduled for February 2007. She suggested a repeat of last year's Legislative Reception at the Lexington in St. Paul. She also suggested the next CLE tentatively set around March/April 2007.

Ideas for future CLEs:
CSI: Minnesota (newly revised)
High Profile cases (with judges, attorneys, media consultants)

Julie Nelson was not present at the meeting. Rebecca reported that Julie was in court and unavailable.

Richard Ohlenberg reported that as of August 31, 2006 the section had an account balance of. $18,152.84. Richard provided the council with copies of a financial activity report, ending July 31, 2006 and August 31, 2006.

Nancy Norman provided additional information regarding the council's decision at the September 6, 2006 meeting to donate $250.00 to the National Multiple Sclerosis Society in memory of council member William Lindman. The motion had been passed at the previous meeting. With the additional information Nancy provided to the council, another vote on the proposed donation was taken. The motion was moved, seconded and passed without any objection.

Virginia Cronin stated that she received an email correspondence from Mitchell Ristine, an Assistant County Attorney in McLeod County, Minnesota. Virginia stated that Mr. Ristine sought the section's opinion on the discoverability of Intoxilyzer Source Codes. The issue was presented to the council and it was discussed. The council's opinion on the issue is to take no position and direct Mr. Ristine to the Minnesota County Attorney's Association for additional information on the issue.

Minnesota State Bar Association
Criminal Law Section Council Meeting
September 6, 2006

Members Present: Rebecca Rhoda Fisher, Rich Ohlenberg, Nancy Norman Sommer, Ronan Blaschko, Pat Dolan, Steve Lundeen, Amelia Jadoo, Thomas Nolan, and by telephone: Bill Bernard and Bruce Rivers.

Rebecca updated the Council on the status of the video. We are waiting for a statement of projected costs from the producer. We anticipate a 20 - 30 minute video to be presented by a prosecutor & defense attorney and to go into the schools. To be done: 1) Meet with the producer; 2) agree on a prior offender to talk about the addiction - possibly both male and female, possibly one who has been to prison and one who received probation; 3) Agree on individuals to talk on the video - suggested was Judge Kathy Mottl from Wright Co. 4) Steve Lundeen indicated that Hazelton has a video on meth that may be available; 5) Nancy S. will contact DEA and/or BCA to obtain pictures of a brain scan showing the injuries from taking meth and will also contact the Anoka Hennepin Drug Task Force regarding photographs or a video of a search warrant involving meth; 6) Pat D. will check into the Washington C ounty Law Library regarding photographs of teeth and the physical affects from meth;

Tim G. asked our section to speak as one of four sections for a ½ day educational program in Detroit Lakes. We must have the basic program and the speakers to Tim G. by 9/15. Rebecca will contact some of the local attorneys to see if they can offer input. We will address "Back to Basics" to touch on basic areas of criminal law. Nancy N. and Rebecca are planning to go. If Nancy N. cannot make it, Bill B. will stand in.

We need to brainstorm a better title to reflect the emphasis on evidence and ethics. Within two weeks we need to have the name and speakers available to be sent out to all MSBA members. We will work off the general outline to be presented in Detroit Lakes with a brief panel to include a judge, defense attorneys and prosecutors. We'll try to go from within our council for panel members. After panel we will go into a presentation on evidence. We had hoped to have Judge Morrow present, but he is unavailable. Other suggestions: Hennepin Co. Judge Katherine Quaintennance, or Professor Peter Knapp from William Mitchell, or Judge Gordon Schumacher, Judge Toussant or Retired Judge Sokolowski. The areas covered will include Crawford and common errors relating to evidence. During the last hour of the seminar, Professor Simon of the U of M will speak on ethics. The CLE will start at 2:00 and run until 5:00 p.m. with a happy hour with light food presented by the Crim Law Council, cash bar. Happy Hour will likely be at the Mission, however Rebecca will check with Carolyn and others to check into an alternate venue for happy hour. The CLE will be held at MSBA offices unless the RSVP's indicate we need more room.

D. Criminal Specialist Certification: Megan Haper from MSBA was checking into other state requirements for certification to be considered in conjunction with the ABA standards. We'll get further information at our next meeting.

1. Previously discussed CSI - to include a coroner, DNA, Forensic Document Examiner, blood spatter, finger prints, computer forensic experts - possibly set in March or April;
2. Legislative Update - February
3. Legislative Meet and Greet - to be set up
4. Media Consultants for High Profile cases - using Roshini Rajkumar, judges prosecutors and defense attorneys

The MJF requested a contribution of $2000 for its summer clerk program. MJF provides each clerk with a stipend for the summer to help certified student attorneys asist low income clients. Nancy S. made a motion to donate $200 to the Foundation, seconded by Steve L., and the motion passessed. Rebecca will send them a letter and Rich O. will have a check drawn to MJF.

To be held one week before the start of the legislative session, between attorneys and local legislators. Last years meeting was at the Lexington. We would be seeking or offering input on Expungement issues and introduce ourselves as a resource for the law makers.

Lisa Brabbet is seeking input on an interim policy by the MSBA indicating that as members of the MSBA Council we are volunteers and that we will not be paid for our time. After the proposal was distributed Pat D. moved approving the interim policy as is, seconded by Nancy S. and the motion passed.

Rebecca expressed concern with the recent case law on expungement and the inability for a Court order for expungement to address public records maintained by the BCA. Rebecca is looking for a legislative coordinator to 1) determine if our section wants to propose legislation or work with another agency that is proposing legislation, and then work with Lloyd Grooms; 2) the coordinator would put the language together and while working with Lloyd find a legislator/senator to introduce the legislation.
If anyone is interested in this position, contact Rebecca. Rebecca will also send an e-mail to Council members. David Palm previously expressed an interest in this issue, so Rebecca will contact him and try to have him put back on the Council.

Tim G. is looking for a council member or MSBA member to submit a letter of intent to be on an advisory board for forensic laboratories to ecourage accredidation. The position is a four yuear term that will meet quarterly. If interested, contact Rebecca. Steve L. and Ronan B. expressed interest in being on the advisory board.

G. Nancy S. reported that William Lindman, a council member passed away
on August 19, 2006 of MS. She moved and it was seconded and motion passed to send a gift of $250 to the National Multiple Sclerosis Society in memory of William Lindmann. Rich O. will have that sent from the MSBA Criminal Law Council to 200 - 12th Ave. S., Minneapolis, MN 55415.

A. Rich O. reported that as of June 30, 2006 the criminal law council had an account balance of $12,463. July dues were received which resulted in an additional $5,730.00 and that approximately $500 had been paid out since then in reimbursements. Rich O. also provied member a copy of an MSBA Section Expense Form to be used when requesting reimbursement or payment for an expense.

B. Renee A. also reported that the MSBA is appointing a new task force to check into each council's accounts.

Minnesota State Bar Association
Criminal Law Section Council Meeting
August 23, 2006

Members Present: Rebecca Rhoda Fisher, Julie Loftus Nelson, Eric Lipman, Virginia Cronin, Rich Ohlenberg, Jason Eldridge, Bill Bernard and Bruce Rivers

Rebecca Fisher stated that she received a lot of feedback via email from the section members regarding meeting times. Based on the input she received, the council meetings will be on the first Wednesday of the month at 4:30 p.m. at the MSBA offices in Minneapolis. If timing conflicts arise, the section may readdress the issue. Happy hour to follow at Lion's.

If members are not able to attend the section meeting, they can still participate via phone. Members need to call or e-mail Kim Basting at MSBA ahead of time (preferably, one or more days notice) to set up arraignments.

The last methamphetamine education meeting was held at Rebecca Fisher's residence on July 13, 2006. Rebecca updated the Council on the progress of the methamphetamine program. Rebecca stated that she had recently attended the Methamphetamine CLE, and had the opportunity to speak with local county attorneys, James Backstrom and Amy Klobuchar, about the project. A recap of the meeting at Rebecca's house was discussed:

Outline for Methamphetamine Education Program
1. Ingredients (not how to make but what goes in to it)
2. How you get hooked (weight loss, cleaning, etc)
3. What it does to you (physical, psychological, emotional
4. Legal consequences (judge prosecutor defense)
5. Treatment (Hazelton)

Julie Nelson reported on her review of the Frontline presentation on methamphetamine. Rebecca Fisher will be contacting Dan Le by September 6, 2006 to follow up on earlier business regarding the methamphetamine program. Eric Lipman suggested a "head-to-toe" analysis of the effects of methamphetamine to be incorporated in the video.

MSBA outreach program in Detroit Lakes, MN is scheduled for October 27, 2006. The program is scheduled from 8:00 a.m. to 1 p.m. The MSBA has asked four sections to participate in this outreach program. Each section will present an educational presentation, including a short "here's what the section can do for you" presentation. The Criminal Section has been invited to participate. Rebecca Fisher asked for volunteers to participate in the program. Rebecca suggested the volunteers would carpool up to Detroit Lakes on the Thursday evening preceding the program and stay the night at a local hotel. The issue of reimbursement for traveling expenses, such as mileage and lodging, will be addressed at next meeting on September 6, 2006.

Brainstorming for the Detroit Lakes presentation:
- A condensed version of the November CLE
- (4) 15 minute segments:
o Crawford issues
o IC/DWI cases
o Spreigl - reverse Spreigl
o Blakely
- Address benefits of membership:
o Afternoon CLEs
o Discussion of last season's CLEs
- Incorporation of local members into presentation
- Prosecutorial involvement

The council expressed interest in future involvement with MSBA on a new legislative bill addressing criminal expungement. The issue will be addressed further at future meetings.

The first CLE of the year has been proposed to be held the first week of November. The
proposed time of the CLE is from 2:00 to 5:00 p.m., with a happy hour to follow. The proposed CLE will cover the basics of criminal practice, such as bail, evidentiary issues, pre-trial hearings, sentencing issues, and ethical issues - from the prospective of seasoned defense attorneys, prosecutors, and judges. Rebecca Fisher will contact the Honorable James Morrow, a retired Anoka County Judge, to see if he is available.

Julie Nelson proposed a reduction in the price of the November CLE for public lawyers to help increase public lawyers participation. This issue will be addressed at the September meeting.

The remaining CLEs were proposed to be held in February, April/May, and June (annual meeting in Saint Paul).

Ideas for future CLEs:
- State Legislature Reception (February)
- High profile cases
- Updated/revised CSI: Minnesota

Rebecca reported the section funds total around $12,000 (not including July and August dues).

7-13-06 Criminal Meeting:
I. Council members: need to commit to attend ¾ CLEs and ½ monthly meetings

2006-2007 Criminal Council members excluding officers:

Officers:
Chair - Rebecca Rhoda Fisher
Vice Chair - Julie Loftus Nelson
Secretary - Virginia Cronin
Treasurer - Rich Ohlenberg

1. Bill Lindman
2. Jason Eldridge
3. Rich Chlenberg
4. Pete Orput (past chair and assembly member)
5. Dan Le
6. Paul Baertschi
7. Mark Belter
8. Jason Kohlmeyer
9. Leaf McGreger
10. Bill Bernard
11. Steve Lundeen
12. Pam Harris
13. Dale Hansen
14. Linda Hiligras
16. Jeff Schiek
17. Thom Nolan
18. Rob Fowler
19. Caroline Beckman
20. Nancy Norman
21. Anothy Specter

There are the folks that have expressed interest in serving on the council. If you are not on the list and want to be please contact Rebecca Rhoda Fisher at Rebecca@rrflaw.com

II. CLEs
Ideas:
1. Back to Basics (defense, prosecutors, and judges on panel) cover evidence, persuasion, negotiating skills
2. CSI II (fingerprints, lie detector, blood spatter etc.)
3. high profile/media cases (attorneys/judges on panel and media consultant)
4. ???

III. Practice Law
Need to form committee to get docs on practice law ASAP. Let me know if you are interested.

IV. Meth Outline
1. Ingredients (not how to make but what goes in to it)
2. how you get hooked (weight loss, cleaning, etc)
3. What it does to you (physical, psychological, emotional)
4. legal consequences (judge prosecutor defense)
5. treatment (hazelton)

We want input on the outline, any suggestions etc. Also, we are going to review previous videos etc done on the subject from KARE 11 (Rebecca Rhoda Fisher), Frontline (Julie) Tennessee (Virginia) and Anoka Co (Nancy) etc. to see what we like/dislike. Then we need to get together with production and narration folks to look at more accurate cost estimate and ideas.

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Eric Lipman, Richard Ohlenberg, Virginia Cronin, and Rob Fowler. Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:22 p.m.

At a time and place TBD
during the Annual MSBA Meeting
June 21st - 23rd 2006
at Madden' in Brainerd

Tuesday, June 20, 2006
5:00 p.m.
Rebecca Fisher's home
(details and directions to follow by email)

D. Deadlines and Special Dates Reminder:
June 21st - 23rd: MSBA Annual Meeting at Madden's Resort

A. Bylaws:
Julie Nelson reported that the final draft of the amended Criminal Law Section bylaws were ready for the Council to approve for submission to the Assembly at its May meeting. Rhonda Fisher moved to approve the bylaws as presented. Eric Lipman seconded the motion. The motion passed by unanimous vote of all council members present. The approved version of the amended bylaws have been forwarded to Renee Anderson who will forward them to Tim Groshen.

B. Defense Forms for Practicelaw.org:
Pete Orput volunteered to help Rob Fowler put together forms for Practicelaw.org. The goal is to have forms on line by August.

C. Criminal Certification:
Carolyn Agin-Schmidt was not present, so no new information was discussed. The Council believes that this is a worthy program. The topic will be further discussed at the meth subcommittee meeting scheduled for June 20, 2006.

D. Co-sponsor CLE with Public Law Section at MSBA Annual Meeting:
The Crim Law Section has chipped in $275 to co-sponsor a seminar along with the Public Law Section on interpreters in court at the MSBA Annual Meeting in June.

E. Methamphetamine Education Program:
Julie Nelson has contacted Chris Yocum, a local videographer, to discuss producing the video. Chris anticipates that the video could be produced for as little as $7,000. Chris has produced a video for the County Atty's Association on training officers on DWI procedures as well as the Hospital Association on shaken baby syndrome.

Funding still needs to be addressed. But with the lower budget estimates, funding does not appear to be a big obstacle.

The goal is to film during the summer and have the video ready for release to the schools when school begins this fall. The lack of a script is slowing things down. Accordingly, anyone interested in helping in this area is encouraged to attend a script-writing session on Tuesday, June 20, 2006 at Rhonda Fisher's home. More details and directions to Rhonda's home will be sent out via email.

F. Section Dues
In November 2005 the Council approved Treasurer Rob Fowler's motion to increase Section membership dues from $15 to $17. Due to a change (decrease) in the fees that our Section pays to the MSBA, there is no need to increase the dues. Therefore, Section membership dues will remain at $15.

A. Officer Elections:
Eric Lipman moved that Rebecca Rhoda Fisher be slated as Section Chair and Julie Loftus Nelson be slated as Section Vice Chair for 2006/2007. The motion was passed unanimously. The slate was voted on and approved.

Due to personal obligations, Rob Fowler did not believe that he would have the time to fill the duties of Section Secretary in the upcoming year. Accordingly, he requested that he either be allowed to remain as Treasurer or if someone else was interested in the position, he would step down but would remain active in the Section. Virginia Cronin expressed interest in the position of Secretary and Richard Ohlenberg expressed interest in the position of Treasurer. Eric Lipman moved that the following slate be considered for vote by the Council: Virginia Cronin as Secretary and Richard Ohlenberg as Treasurer, and that Rob Fowler be slated as Vice Chair next year if he is interested in the position. The motion was passed unanimously. The slate was voted on and approved.

Officers for 2006/2007:
Chairperson: Rebecca Rhoda Fisher
Vice Chair: Julie Loftus Nelson
Secretary: Virginia Cronin
Treasurer: Richard Ohlenberg

A. Proposed CLE topics for 2006/2007
Rebecca Fisher proposed that the Section host CLEs in October, January, and March. She would also like to plan another legislative reception in February.

Rebecca suggested the following CLE topics: Minnesota CSI II (CSI I was a huge success and there are always new advances and technologies to consider); and the tactics/ethics of using the media in criminal cases (when to use the media; how to handle the media in high-profile cases).

Julie Nelson proposed that the Section also consider putting on a CLE that gets back to the basics of pretrial advocacy. Such a CLE would be very helpful to the newer members, and there are so many different topics that could be explored.

Pete Orput received Rob Fowler's monthly report. There is approximately $14,000 in funds available.

Minnesota State Bar Association
Criminal Law Section Council Meeting
March 9, 2006
DRAFT MINUTES - Approve in April 2006

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Eric Lipman, Dan Le, and Richard Ohlenberg. Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 3:10 p.m.

B. Approval of Minutes from February 2006:
There were no changes to the February minutes.

A. Bylaws:
The MSBA sent out correspondence to all of the Section Chairs regarding five areas of the By-laws that they wanted each Section to review. Jacqueline McGlamery agreed that she would forward that correspondence to Julie Nelson. Julie Nelson will take the lead on reviewing the areas and preparing the Section By-laws for approval by the Government's Committee in May.

B. Defense Forms for Practicelaw.org:
Rob Fowler was not present, so no new information was discussed. Jacqueline McGlamery will email Rob Fowler requesting that he provide an update at the April council meeting.
C. Criminal Certification:
Carolyn Agin-Schmidt was not present, so no new information was discussed. Jacqueline McGlamery will send Carolyn Schmidt an email, requesting that she provide an update at the April council meeting.

D. Criminal Law Section & State Legislature Reception
Despite the low turnout by the legislators, the reception can be considered a successful initial step to establish a relationship between the legislature and the criminal law section. Eric Lipman will prepare a follow-up letter that will be sent out to the legislators. It was agreed that Phil Prokopowitz and John Stewart presented their respective positions on various issues extremely well.

Ideally, the next step will be to show a screening of the meth video to the legislators. This is an even that could be held at the capitol and perhaps tied into a luncheon.

E. Methamphetamine Education Program
We have several avenues to pursue, concerning production of the video. As discussed at the last meeting, Carolyn Agin Schmidt had met with Roshini Rajkumar. Ms. Rajkumar had estimated that the cost of production for the video would be between $1,000.00 and $1,500.00 per minute. Because we are looking at producing a 30-minute video, Ms. Rajkumar's proposal would run us over $30,000.00. While there is no doubt that it would be very professional, there may be other equally professional and more practical solutions.

Dan Le provided two possible solutions. First, he made the acquaintance of Sue Stout, a lobbyist for the Minnesota Hospital Association, at the legislative get-together. She was able to provide Dan with the name and number of a very good and inexpensive videographer. His name is Chris Yocham. Julie Nelson will call Chris Yocham to discuss the project. Second, Dan has a friend who is an independent filmmaker. Dan will contact him and discuss the project.

A third possibility was proposed in an email by Sue Holden. She may be able to work a deal with local video producers. Julie Nelson will contact Sue to further discuss. It was also agreed that one way to maintain a professional tone to the video would be to use a professional to narrate the video. Roshini Rajkumar may be ideal for this task. Accordingly, Julie Nelson will ask Carolyn Schmidt to contact Roshini about her interest in narrating the video and how much she would charge.

Regardless of whom we select to produce the video, they will want to see a rough outline of the project. Julie Nelson has already drafted a rough outline. She will make some changes to it to incorporate Eric Lipman's idea of a "theme." She will then send the outline to Eric for feedback. It will then be sent out to the rest of the counsel for comment.
III. New Business

A. Co-sponsor CLE with Public Law Section:
Rebecca Fisher will follow up with Louis Thayer from the Public Law Section concerning whether a proposal for the joint CLE has been submitted to the MSBA.

A. March CLE: Birth of a Salesman: Selling Your Side
The date of the March CLE has been changed from Thursday, March 9, 2006 to April 6, 2006. It will still be held from 2:00-5:00 p.m. at the Marquette Hotel with a happy hour admission to follow.

Jackie McGlamery found an article in Law and Politics about Chris Carlson, the actor/lawyer. Rebecca Fisher will contact him regarding the April CLE.

Julie Nelson went to Barnes and Noble to look for a video on opening/closing statements. They had nothing in stock. Peter Orput will talk to Eric Lipman about finding a video at the State Law Library. Another possibility is looking for a video on amazon.com or Court TV. Julie Nelson will search those websites.

Minnesota State Bar Association
Criminal Law Section Council Meeting
February 23, 2006

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Rob Fowler, Eric Lipman, Nancy Norman, Virginia Cronin, David Palm, and Brock Hunter. Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:16 p.m.

B. Approval of Minutes from January 2006:
There were no changes to the January minutes.

C. General Announcements:

The next Council meeting will be held:

Thursday, March 9, 2006
4:00 p.m.
Peter Orput's Office at the DOC 1450 Energy Park Drive
(Go to the WEST entrance)
2nd Floor

Prior to the regular Council meeting, all members interested in working on the Meth Education Program will meet at the DOC at 3:00.

D. Deadlines and Special Dates Reminder:

February 24th: Nominations for David Graven Public Service Award due.
March 1st: List of forms for practicelaw.org should be developed.
March 9th: Meth Education Program meeting at DOC at 3:00 p.m.
March 9th: Criminal Law Council Meeting at DOC at 4:00 p.m.
March 9th: Deadline for confirming CLE speakers and locating videos.
April 6th: Criminal Law Council Meeting at Marquette Hotel at 1:00 p.m.
April 6th: CLE: Birth of a Salesman at Marquette Hotel, 2:00 - 5:00; Happy
hour at Mission to follow

II. Old Business

A. Bylaws:
Due to time restraints, no new information was discussed.
B. Defense Forms for Practicelaw.org:
Due to time restraints, no new information was discussed.

C. Criminal Certification:
Due to time restraints, no new information was discussed.

D. Criminal Law Section & State Legislature Reception
The event followed the meeting. Success of event will be discussed next Council meeting.

E. Methamphetamine Education Program
Julie Nelson updated the Council on Carolyn Schmidt's meeting with Roshini Rajkumar. Ms. Rajkumar is a former Twin Cities news reporter, who is interested in working with us on producing the meth video. She estimates the cost of production at $1000 - $1500 per minute and believes that a 10-minute video would suffice.

Julie Nelson suggested that considering all the information that we have envisioned including in the video, ten minutes is simply not sufficient. The video should be 20 to 30 minutes. As for the cost of production, she suggested that we would need to do some fund-raising. Instead of raising all the funds to produce the video, Eric Lipman suggested that we contact the Senate media services and see if they would produce the video at little to no cost. Other excellent suggestions for producing the video at little to no cost included cable access and St. Paul police dept. cable access.

Given the scope of this project, it was decided that there is not enough time at the monthly Council meetings to address all the issues. Accordingly, it was agreed that a meeting prior to the March Council meeting would be held to discuss only the meth initiative. It was agreed that the meeting would be held at 3:00 p.m., Thursday, March 9th at the DOC - one hour prior to the regular Council meeting. All members interested in working on this project are encouraged to attend.

III. New Business

Due to time restraints, no New Business was raised.

IV. CLEs

A. March CLE: Birth of a Salesman: Selling Your Side
The date of the March CLE has now been changed from Thursday, March 9th to April 6th. It will still be held from 2:00 to 5:00 at the Marquette Hotel with a happy hour at Mission to follow.

Judge Cleary is not available. Caroline Beckman will contact Judge Festch to see if he is available. If he is not available, then Julie Nelson will contact Judge Chu to see is she is available.

Nancy Norman will contact actor/lawyer in her office to see if he is available.

Julie Nelson will contact Jack Fess to see if he is available. If he is not available, then a possible back-up is "Lena," a director of PR for Target.

Julie Nelson and Rebecca Fisher will review videos for the CLE.

The deadline for the above tasks is MARCH 9th.

A "Save the Day" email should be sent out to the membership. The email should provide the following: title, date, time, and location of the CLE.

B. April CLE:
Because the March CLE has been moved to April, the April CLE will be moved to May. We need to brainstorm on ideas for the May CLE.

V. Treasurer's Reports
Due to time restraints, no report was given.

VI. Closing Business
Meeting concluded at 4:56 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
January 12, 2006

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Carolyn Agin Schmidt, Eric Lipman, Caroline Beckman, and Virginia Cronin. Also present was Kim Basting for Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:08 p.m.

B. Approval of Minutes from December 2005:
There were no changes to the December minutes.

C. General Announcements:
The next Council meeting will be held:

Thursday, February 23, 2006
4:00 p.m.
The Lexington
1096 Grand Avenue
St. Paul

D. Deadlines and Special Dates Reminder:

February 1st: Speakers for March CLE should be confirmed.
February 7th: Law student networking reception at the MSBA office.
February 10th: ABA meeting at the Drake Hotel in Chicago.
February 23rd: Legislative Reception at the Lexington in St. Paul 5:30-7:30 p.m.
February 24th: Nominations for David Graven Public Service Award due.
March 1st: List of forms for practicelaw.org should be developed.
March 9th: CLE: Birth of a Salesman

II. Old Business

A. Bylaws:
No new information was discussed.

B. Defense Forms for Practicelaw.org:
No new information was discussed. The Council requested an update from the Forms Committee. The Council would like a list of the desired criminal law forms developed by March 1st.

C. Criminal Certification:
Carolyn Schmidt would like assistance with the certification committee. Accordingly, an email will go out to membership requesting volunteers to join the committee.

D. Criminal Law Section & State Legislature Reception
The reception is scheduled to take place on Thursday, February 23, 2006 at the Lexington in St. Paul. Originally the event was scheduled to take place from 6:00 p.m. to 8:00 p.m. In order to encourage people to come directly from work, however, the event is now scheduled to take place from 5:30 p.m. to 7:30 p.m. The cost of attendance will be $15.00 per person and there will be a cash bar. The Council Meeting, which will precede the reception, will begin at 4:00 p.m.

Eric Lipman will develop a flier to give to Kim Basting to send out, inviting all Criminal Law Section members to attend. The cost of sending the email will be approximately 4¢ per email and will announce the February get-together as well as the March CLE.

E. Methamphetamine Education Program
Carolyn Schmidt had a meeting with Bernie Grace from KARE 11, discussing the Council's proposal to develop an educational video on the horrors of meth. Carolyn Schmidt reported that Bernie Grace was enthusiastic about KARE 11's involvement. He suggested that we speak with the news director, Tom Littner. Carolyn left a message for Littner but has not received a return call. She is attempting to set up a meeting with him within the next two weeks. If KARE is not interested in partnering with us, then we will take the project to another station (probably FOX 9).

Pete Orput has received positive feedback from five state commissioners concerning our project. The support and resources of following departments have been pledged: Department of Health, Department of Education, Department of Corrections, Department of Human Services, and Department of Public Safety.

It is anticipated that the video will be 20-30 minutes. While we would like the involvement of the various state departments as well as the MACDL, County Attorney's Association, and the Judge's Association, it was agreed that we should develop a detailed outline of the video before requesting feedback. It is feared that otherwise the production of the video will be slowed down by "too many cooks in the kitchen."

III. New Business

A. Co-sponsor CLE with Public Law Section at the Annual MSBA Meeting:

Louis Thayer from the Public Law Section has requested the support of the Criminal Law Section for a CLE at the annual MSBA convention. The joint venture will involve a presentation that will give participants a better understanding of the legal requirements in interpreter cases, as well practical tips for effective communication through interpreters both inside and outside of the courtroom. The program will give an overview of the state court interpreter program. In addition, the presentation will offer elimination of bias credits.

Carolyn Schmidt moved to co-sponsor the CLE. Caroline Beckman seconded the motion. The motion passed.

Pete Orput will send Thayer an email stating that the Criminal Law Section will co-sponsor the event; however, our council would like some input in helping to make the presentation interesting to our members.

The proposed title for the presentation is "Don't Get Lost In Translation."

B. David Graven Public Service Award:

Nominations for the 2005 David Graven public service award are now being accepted. The award is given to the lawyer who best exemplifies the high standards of the profession with a commitment to public or community service. All MSBA members are eligible to nominate or be nominated for the Graven award. Nominations must be submitted no later than Friday, February 24, 2006 to Yvonne Anderson at the MSBA office. The Council agreed that we should individually nominate Carolyn Agin Schmidt for this award. Carolyn has worked tirelessly on numerous public and community service projects. Accordingly, everyone is encouraged to complete a nomination form and submit it no later than February 24, 2006.

IV. CLEs

A. January/March CLE: Birth of a Salesman: Selling Your Side
The date of the January CLE has now been changed from Thursday, February 16th to Thursday March 9th. It will still be held from 2:00 to 5:00 at the Marquette Hotel with a happy hour at Mission to follow.

Caroline Beckman will contact Judge Cleary to see if he is available. Julie Nelson will contact Jack Fess to see if he is available. Pete Orput will email Nancy Norman concerning the availability of the acting coach.

A "Save the Day" email should be sent out to the membership. The email should provide the following: title, date, time, and location of the CLE.

B. April CLE:
Because the January CLE has been moved to March, the April CLE will be moved to May. We need to brainstorm on ideas for the May CLE.

V. Treasurer's Reports
No Report. Rob Fowler was not present.

VI. Closing Business
Meeting concluded at 5:27 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
December 8, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Carolyn Agin Schmidt, Eric Lipman, Bruce Rivers, and Nancy Norman (via telephone). Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:15 p.m.

B. Approval of Minutes from October 2005:
There were no changes to the November minutes.

C. General Announcements:
The next Council meeting will be held:

Thursday, January 12, 2005
4:00 p.m.
Peter Orput's Office in St. Paul
1450 Energy Park Drive
2nd Floor

Go to the WEST entrance!

II. Old Business

A. Bylaws:
Rebecca Fisher reported that the Assembly has recommended a few minor changes to the Bylaw proposal. Assuming that our Section Council agrees with the revisions, the Bylaws will be approved. We are just waiting for notice from the Assembly regarding the changes.

B. Defense Forms for Practicelaw.org:
No new information was discussed.

C. Criminal Certification:
Carolyn Schmidt reported that of the 500 surveys sent out to the membership to determine the interest level of developing a criminal certification program, only 59 people responded. 83% (roughly 49) of the 59 people who responded thought that it was a good idea.

Concerns about the certification posed by those responding included: (1) whether certification would be cost-prohibitive to public sector attorneys; and (2) whether the requirements would truly by "meaningful." Carolyn Schmidt addressed the first concern by suggesting that a different fee structure could be employed for attorneys in the public sector. As for the second concern, it was agreed that we should not expend the time and effort in this project unless it was meaningful. Accordingly, the question is whether we want to proceed.

If we do proceed, we have two issues. First, what will the requirements be for certification? Should we create them or follow those set by the national certification program. Second, who and how will the test for certification be developed?

No final decisions were made. Carolyn Schmidt is seeking assistance with this project. Anyone who is interested in working on this committee should contact her. It was also suggested that an email be sent to those members who responded to the survey to see if any of those individuals would like to work on the committee.

D. Criminal Law Section & State Legislature Reception
Date, time, and location for the Reception have been set as follows:

Date: Thursday February 23, 2006
Time: 6:00 p.m. to 8:00 p.m. (tentative)
Place: The Lexington in St. Paul

Rebecca Fisher stated that we will need to give the Lexington final attendance numbers approximately one week prior to the event. In the meantime, we will operate under the assumption that we will have approximately 50 attendees. We all agreed with Carolyn Schmidt's assessment that for liability reasons we should not provide alcohol, but rather make a cash bar available. Eric Lipman pointed out that because the MSBA has a legislative lobbyist we may not supply the legislators with food either, as they cannot accept "gifts." Accordingly, we need to set a registration fee or at-the-door donation. It is expected to be around $15/person.

It was suggested that we send an email to the entire membership, notifying them of the event, letting them know that the legislators are interested in their perspective, and asking members to RSVP along with the district in which they live. Then we will attempt to ensure that legislators from represented districts are present. The email should direct members to contact Eric Lipman or Bruce Rivers for further information. The cost of sending a mass email to the entire membership will be approximately $20 (.04/email; 500 members). Nancy Norman moved that we approve the expenditure. Carolyn Schmidt seconded the motion. The motion carried. Jackie McGlamery will arrange to have the email sent out.

E. Methamphetamine Education Program
No new information was discussed. The subcommittee, comprised of Carolyn Agin Schmidt, Julie Nelson, and Bruce Rivers, needs to meet.
III. New Business
No new business was discussed.

IV. CLEs

A. January CLE: Birth of a Salesman: Selling Your Side
The date of the January CLE has been changed from Thursday, January 12th to Thursday February 16th. It will still be held from 2:00 to 5:00 at the Marquette Hotel with a happy hour at Mission to follow.

The focus of the CLE has changed. Instead of hearing from attorneys, we will have an acting instructor and seasoned sales person. Nancy Norman read about an acting instructor that coaches attorneys on how to effectively present their side to a jury. She will attempt to contact that person. We will also ask Jack Fess to speak. Julie Nelson asked Fred Bruno to ask Jack to speak at the CLE when it was scheduled for January. Now, she will let him know that the date and focus has changed.

Caroline Beckman has already confirmed Judge Ed Cleary for the January spot. He needs to be notified that the date has changed. Also, we would like him to address his comments to ethical issues surrounding jury trials. Especially, as they relate to opening and closing statements. Not only will this be informative, but the always hard-to-get ethics credits should help to draw attendees.

In addition to each speaker addressing the audience, they will be asked to view videos of actual attorneys giving opening and closing statements. Each speaker will then comment on the strengths and weaknesses of the statements, providing suggestions for improvement. Every council member at the meeting agreed to take some time to search for "real life" or training videos for use at the CLE.

Finally, it was agreed that a "Save the Date" email be sent out to the membership. The email should provide the following: title, date, time, location of the CLE and direct members to contact Peter Orput or Rebecca Fisher for further information.

B. April CLE:
Due to time constraints for the meeting, no new information was discussed.

V. Treasurer's Reports
No Report. Rob Fowler was not present.

VI. Closing Business
Meeting concluded at 5:23 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
November 10, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Robert Fowler, Caroline Beckman, Eric Lipman, Bruce Rivers. Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:10 p.m.

B. Approval of Minutes from October 2005:
There were no changes to the October's minutes.

C. General Announcements:
The next Council meeting will be held:

Thursday, December 8, 2005
4:00 p.m.
Peter Orput's Office in St. Paul
1450 Energy Park Drive
2nd Floor

Go to the WEST entrance!

II. Old Business

A. Bylaws:
No new information was discussed.

B. Defense Forms for Practicelaw.org:
No new information was discussed.

C. Criminal Certification:
No new information was discussed.

D. Section Legislative Coordinator
Bruce Rivers volunteered to serve as the Section's Legislative Coordinator. Again, the purpose of this position is to provide Lloyd Grooms, MSBA Legislative Representative, with a contact at the Criminal Law Section, whom he can contact for commentary and to distribute information when a criminal law topic/issue/matter arises in the legislature that needs to be addressed. The Coordinator will not act on his, but rather gather and distribute the necessary information to the section's council members, so that a consensus on the given issue could be reached and then conveyed to Lloyd in a timely manner.

E. Criminal Law Section & State Legislature Reception
Rebecca Fisher will contact the Lexington about availability for this event. Tentative dates are February 21st, 22nd, or 23rd. Eric Lipman proposed that we enlist Section members to be part of a "host committee." Ideally, a member who lives/works in a particular district will act as a host for the legislators from that district. Method of enlistment will include a email, letters, phone calls.

F. Methamphetamine Education Program
Many different ideas about how to disseminate the anti-meth message of this program were discussed, including developing a 10-15 minute video, developing a speaker's bureau, enlisting support from KSTP, and taking advantage of "Law Day" at schools. It was agreed that a subcommittee should be formed to work on getting this program off the ground. The subcommittee will be comprised of Carolyn Agin Schmidt, Julie Nelson, and Bruce Rivers.

III. New Business
No new business was discussed.

IV. CLEs

A. October CLE: "Where's Waldo?"
It was agreed that turnout could have been better. We did, however, receive some nice press in Minnesota Lawyer about the event. (Thank you Carolyn Schmidt). All council members need to be more active in "advertising" CLE's and increasing attendance. It was also agreed that the happy hour following the CLE was a great success.

B. January CLE:
The January CLE will be held Thursday, January 12th at the Marquette Hotel with a happy hour at Mission to follow. The title will be: "Birth of a Salesman: Selling Your Side." The sales relationships discussed will be:

1. Attorney to client: when the client first comes into the attorney's office;
2. Defense to prosecution: negotiating a plea agreement
3. Council to Judge: selling the plea agreement
4. Council to Jury: selling your side of the case

We will have a panel of speakers including: professional sales person; judges; prosecutors; defense attorneys. The following people were named as possible speakers:

Professional sales person: Jack X (from the "Anatomy of a Juror" CLE). Julie Nelson agreed to speak to Fred Bruno about contacting him.

Judges: Cleary (Ramsey); C. Anderson (Hennepin); Pendleton (Sherburne); Fetch (Ramsey); and Hoffman (Faribault?). Caroline Beckman agreed to ask Cleary to speak and Julie Nelson agreed to ask Catherine Anderson to speak. If one or both of those judges are not available, then the other judges will be contacted.

Prosecutors: Kim Bingham and Bob Streitz. Rob Fowler agreed to ask Kim Bingham speak. Pete Orput agreed to ask Bob Streitz.

Defense attorneys: Joe Friedberg, Craig Cascarano, and Carolyn Agin Schmidt. Bruce Rivers volunteered to ask Joe Friedberg to speak.

C. April CLE:
Due to time constraints for the meeting, no new information was discussed.

V. Officers' Reports

A. Treasurer's Report:
1. Rob Fowler moved that the Section raise it dues by $2. Caroline Beckman seconded. The motion passed.
2. Rob Fowler moved that the Section place $7,000 in a 12-month CD in order to earn interest on the funds. Caroline Beckman seconded. The motion passed.

VI. Closing Business
Peter Orput recapped meeting topics. Meeting concluded at 5:15 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
October 11, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Robert Fowler, Carolyn Agin Schmidt, Caroline Beckman, Jeanie Blatz, Eric Lipman, Nancy Norman, Bruce Rivers. Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 1:13 p.m.

B. Approval of Minutes from September 2005:
Rebecca Fisher moved to approve minutes from September. Peter Orput seconds the motion. The minutes were approved.

C. General Announcements:
The next Council meeting will be held:

Thursday, November 10, 2005
4:00 p.m.
Peter Orput's Office in St. Paul
1450 Energy Park Drive
2nd Floor

Peter will send out an email with directions.

II. Old Business

A. Bylaws:
No new information was discussed.

B. Defense Forms for Practicelaw.org:
Rob Fowler reported that in response to an email sent out on September 22, 2005, seeking volunteers for the Section's Forms Committee several members have volunteered to help. The Forms Committee will consist of the following individuals:
Rob Fowler as Committee Chair, Michelle Clark, Pat Dolan, Max Keller, David Palm, and Phil Villaume. Thanks to all who have volunteered!

C. Criminal Certification:
Carolyn Agin Schmidt announced that the final draft of the survey to be sent out to members to get feedback on interest in developing a criminal certification program is complete. The survey has been approved for distribution.

D. Section Legislative Coordinator
The Section is still in need of someone who will serve as the Section's Legislative Coordinator. Again, the purpose of this position is to provide Lloyd Grooms, MSABA Legislative Representative, with a contact at the Criminal Law Section that he can contact for commentary and to distribute information when a criminal law topic/issue/matter arises in the legislature that needs to be addressed. The Coordinator would not act on his or her own, but rather gather and distribute the necessary information to the section's council members, so that a consensus on the given issue could be reached and then conveyed to Lloyd in a timely manner. Those interested in this position should submit their name to Julie Nelson (julie@brunolaw.com). We will have a vote for filling the position at the November council meeting. Rebecca Fisher has volunteered to continue to act as the Section Legislative Coordinator in the interim.

E. Criminal Law Section & State Legislature Get-Together
Eric Lipman was given approval to start planning the February "get-together" with the State legislators. The event will tentatively be held at The Lexington restaurant in St. Paul. We will need to determine a price point for the event.

III. New Business

A. Methamphetamine Education Program
Sue Holden, MSBA President, has requested our section's assistance with developing a program that would educate students and their families on the evils of methamphetamine addiction. Targeted students would include grade school through college-aged students. Dissemination of program materials would potentially include live presentations at schools, videos that could be downloaded from various websites, and direct mailings to homes. Peter Orput and Carolyn Agin Schmidt will meet with Sue Holden to discuss ideas. They will attempt to enlist the public service assistance of radio and television stations.

IV. CLEs

A. October CLE: "Where's Waldo?"
The October CLE was held after the Council meeting. The success of the event will be discussed at the November Council meeting.

B. January CLE:
Due to time constraints for the meeting, no new information was discussed.

C. April CLE:
Due to time constraints for the meeting, no new information was discussed.

V. Officers' Reports

A. Treasurer's Report:
1. Rob Fowler attended the Treasurer's training session on September 27, 2005.
2. As of the end of August the Section's balance was $14,073.02.
3. Rob has Expense Forms available for submitting reimbursement requests.
4. At the November meeting he would like to discuss investing the Section's money in a risk-free investment (e.g. CD) as well as raising members' annual dues by $2 a year.

VI. Closing Business
Peter Orput recapped meeting topics. Meeting concluded at 1:47 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
September 8, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Robert Fowler, Nancy Norman, Eric Lipman (via telephone). Also present was Jacqueline McGlamery, Section Liaison.

I. Opening Business

A. Introductions and Call to Order:
The meeting was called to order at 4:10 p.m.

B. Approval of Minutes from May, June, July and August 2005:
Rebecca Fisher moved to approve minutes from May, July, and August, as well as confirm that there were no minutes from the June meeting. Peter Orput seconds the motion. The minutes were approved.

C. General Announcements:

1. Bruce Rivers and his wife are celebrating the birth of their new baby daughter, Jacqueline Grace Rivers, 8 pounds. Mother and baby are doing fine. Congratulations!

2. Carolyn Schmidt has been granted approval to make an announcement at the upcoming Oct. CLE regarding the MACDL's high school mock trial program. They are in need of judges for the competition.

3. Hennepin County Bar Association will be hosting a fundraising concert, "The Attractive Nuisance Tour," at First Avenue on Oct. 14th. If anyone is interested in attending, contact Rebecca Fisher for tickets (RfisherEsq@aol.com). For more information on the event go to www.attractivenuisancetour.org.

II. Old Business

A. Bylaws:
Julie Nelson sent proposal for revised bylaws to Kim Basting and Jackie McGlamery for their review. The proposal was then forwarded to the Governance Committee, which will meet on September 23, 2005. Assuming that the Governance Committee recommends approval of the revised bylaws, the Assembly will consider the changes at its December 9, 2005 meeting, at which time they should be approved. Bylaw changes are a fairly routine matter. Therefore, no delays are expected.

B. Defense Forms for Practicelaw.org:
No new information was discussed.
C. Criminal Certification:
No new information was discussed regarding certification.

III. New Business

A. Section Legislative Coordinator
Lloyd Grooms, MSABA Legislative Representative, has requested that the Criminal Law Section appoint a Section Legislative Coordinator that he can contact for commentary and to distribute information when a criminal law topic/issue/matter arises in the legislature that needs to be addressed. The Coordinator would not act on his or her own, but rather gather and distribute the necessary information to the section's council members, so that a consensus on the given issue could be reached and then conveyed to Lloyd in a timely manner. Those interested in this position should submit their name to Julie Nelson (julie@brunolaw.com). We will have a vote for filling the position at the October council meeting. Rebecca Fisher has volunteered to act as the Section Legislative Coordinator in the interim.

B. Criminal Law Section & State Legislature Get-Together
Eric Lipman proposed that our section become personally acquainted with the state legislators. By doing so, we are more likely to be successful in affecting changes and influencing legislative votes when an issue arises in the legislature that our section feels strongly about. As Eric pointed out, it is much easier to get the time and attention of a legislator when they already know who you are. Therefore, we will host a "get-together" in February shortly before the legislature is back in session.

C. MSBA 2006 Annual Meeting
Rebecca Fisher reported that the MSBA Council has voted to hold the 2006 annual meeting at Maddens. The MSBA Council recognizes that the financial burden of attending the meeting may be cost prohibitive to new lawyers and those employed at smaller law firms. Therefore, in an effort to increase attendance and make the event more affordable to everyone, the MSBA will offer scholarships and/or lower fees for new lawyers and those in smaller practices. The meeting will be in June 2006. The exact dates - TBA.

IV. CLEs

A. October CLE: "Where's Waldo?"

1. It was agreed that Eric Lipman's proposed outline should be used with the following changes: (1) Each of Eric's proposed speakers will only have 30 minutes; (2) Ken Jorgenson will be given one hour at the end. The reason for the adjustment to the outline is to allow for one-hour of those hard-to-obtain ethics credits. Therefore, the October CLE will offer 2 standard credits and 1 ethics credit.

2. Eric Lipman will confirm all speakers with the exception of Ken Jorgensen, who will be confirmed by Rebecca Fisher. Eric and Rebecca will notify Julie Nelson as speakers are confirmed. Julie will put the names of the confirmed speakers in the flyer. It is expected that all speakers will be confirmed by September 14th.

3. The revised outline is attached for everyone's review.

4. Carolyn Schmidt and Julie Nelson will make the arrangements for the happy hour at The Mission. The budget will depend on the number of attendees, but it is expected that we will spend around $500. We will only provide hors d'oeuvres. Attendees will be responsible for purchasing beverages.

B. January CLE:
The topic for the January CLE is "persuasion" (i.e., how to sell yourself to clients and your case to judges, prosecutors, and juries). Possible speakers include Clayton Robinson, Assistant Director - Prosecution Division, Ramsey County Attorney's Office, speaking on the importance of a "visual" trial; sales executive (to be named) to speak about selling yourself to your client; panel of attorneys (possible speakers include Pete Orput, Nancy Norman, and Fred Bruno) to talk about how to sell yourself to prosecutors, judges, and juries.

C. April CLE:
Topic will remain open until November/December, in order to leave flexibility in the event that a major issue presents itself.

V. Closing Business
Peter Orput recapped meeting topics. Meeting concluded at 5:10 p.m.

Respectfully Submitted,
Julie Loftus Nelson, Secretary

Minnesota State Bar Association
Criminal Law Section Council Meeting
August 23, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Carolyn Agin Schmidt, Trevor Oliver, Derk Schweiger, Nancy Norman.

I. Opening Business
A. Introductions and Call to Order:
The meeting was called to order at 4:25 p.m., at which time it was agreed, by unanimous consensus, to postpone the meeting until the next regularly scheduled monthly meeting, which is set for September 8, 2005 at 4:00 p.m. at the MSBA Office.

B. Approval of Minutes from May, June, and July 2005:
The minutes were not approved. This needs to be done at the September Meeting.

(1) We need to start lining-up speakers for the October CLE: "Where's Waldo: The Top 50 Changes & New Provisions Hidden in the 2005 Crime Bill."

Minnesota State Bar Association
Criminal Law Section Council Meeting
July 20, 2005

Members Present: Peter Orput, Rebecca Rhoda Fisher, Julie Loftus Nelson, Robert Fowler, Carolyn Agin Schmidt, Jeannie Blatz, William Lindman, Bruce Rivers, Eric Lipman, Trevor Oliver, David Palmer (via telephone). Also present was Jacqueline McGlamery, section liaison.

I. Opening Business
A. Introductions and Call to Order:
The meeting was called to order at 4:05 p.m.

B. Approval of Minutes from May and June 2005:
The minutes were not approved. This needs to be done at the August Meeting.

II. Old Business
A. Bylaws:
Julie Loftus Nelson will arrange to send bylaws to the Assembly for approval.

B. Defense Forms for Practicelaw.org:
Rob Fowler is working on defense forms for Practicelaw.Org. He will contact Nancy Norman (Asst Anoka Co Atty) and Carolyn Beckman to discuss which prosecution forms would be appropriate to include.

C. Criminal Certification:
At the May meeting Derk Schwieger volunteered to help Carolyn Agin Schmidt explore potential certification for criminal attorneys in Minnesota. No new information was discussed regarding certification.

A. Vision for the Upcoming Year:
As Section Chair, Pete Orput plans on continuing the CLE formula that Carolyn Agin Schmidt implemented last year. He would also like to see increased participation from section members and increased section membership. Notifying members of section meetings and CLEs is key and can be accomplished through email and posting date/time of meetings and CLEs on the MSBA website. Placing ads in Bench and Bar is also a possibility depending on cost. Focus will also be placed on subcommittees.

B. Future Council Meetings:
(1) August council meeting will be held during CJI at the Bloomington Sheraton on Tuesday, August 22nd at 4:00p.m. Exact location to be determined.
(2) Regular monthly council meetings will be held on the second Thursday of every month at 4:00 p.m. The location of the meetings will be rotated in an effort to encourage more members to attend. Peter Orput and Caroline Beckman have offered their office conference rooms for the meetings. Future council meetings are tentatively scheduled as follows:

September 8, 2005 4:00 p.m. MSBA Office
October 11, 2005 prior to CLE Location TBD
November 10, 2005 4:00 p.m. Pete Orput's Office (St. Paul)
December 8, 2005 4:00 p.m. MSBA Office
January 12, 2006 prior to CLE Location TBD
February 9, 2006 4:00 p.m. MSBA Office
March 9, 2006 4:00 p.m. Location TBD
April 6, 2006 prior to CLE Location TBD
May 11, 2006 4:00 p.m. MSBA Office
June 2006 MSBA Convention

A. Past CLEs:
"The Patriot Act: War on Them or War on Us?" was held at the MSBA Annual Meeting at Maddens' on June 17, 2005. Carolyn Agin Schmidt reported that while turn out was not as good as the CLEs that we had hosted during previous months, the session was better attended than most other sessions offered at the meeting. Poor attendance was attributed to nice weather and golf.

B. Future CLEs:
(1) Criminal Justice Institute August 22, 23, and 24, 2005 at the Sheraton in Bloomington. The Crim Law Section will be hosting two break-out sessions. We will also have a booth with flyers about the upcoming CLEs and membership information. Carolyn Agin Schmidt and Julie Loftus Nelson will be responsible for setting-up the booth. Bruce Rivers will coordinate a schedule for manning the booth. Carolyn Agin Schmidt, Julie Loftus Nelson, and Rebecca Rhoda Fisher volunteered to help out. Anyone else who would like to volunteer is encouraged to contact Bruce Rivers.

(2) The topic for the October CLE will be the 2005 Crime Bill with particular focus on Traffic and Alcohol, Criminal Sexual Conduct, and Meth. Tentative title is 50 Things Hidden in the 2005 Crime Bill. The CLE is scheduled for 2 pm to 5 pm with happy hour to follow at Mission. Pete Orput will talk to the County Attorney Association. Carolyn Agin Schmidt will talk to Kelly Maden (?) at the MACDL. Rebecca Rhoda Fisher will talk to Ken Jorgenson.

(3) The tentative topic for the January CLE is "persuasion" (i.e., how to sell yourself to clients and your case to judges, prosecutors, and juries). Possible speakers may include a psychologist and seasoned sales rep.

(4) Decided not to plan a topic for the April CLE yet, in order to leave flexibility in the event that a major issue presents itself.

(5) It was proposed that minor tasks (e.g. checking attendees in at CLEs) should be done by members to keep down costs.

(6) We welcome members' input on ideas for future CLEs. Please pass ideas onto one of the officers.